This has been another very busy month. At our last Rūnanga hui at Kēnana we resolved to withdraw from Te Hiku Forum until our Deed of Settlement (DoS) was completed. We’ve had four hui focusing on aspects of the DoS and yesterday started pulling together the first draft. We have another session on it next Friday. Sufficient interest has been indicated for the negotiations team to conduct consultation hui in Sydney, Brisbane and Melbourne. As a result of our hui-ā-iwi at Taipā, Te Kauhanga marae will host a three day hui 14-16 April. Then throughout the month I have been keeping in touch with our Taitokerau MP and the Minister of Māori Affairs in respect of our settlement and in respect of the legislation that will replace the Foreshore and Seabed Act once it is repealed.

At our last Rūnanga hui at Kēnana we resolved to send formal letters to each of the representative bodies of Ngāti Kurī (the Ngāti Kurī Trust Board), Te Aupōuri (Te Aupōuri Negotiations Company Limited), Ngāi Takoto (Ngāi Takoto Research Unit) and Te Rarawa (Te Rūnanga o Te Rarawa) confirming advice provided to their negotiators in January, that Ngāti Kahu has decided to formally withdraw from Te Hiku Forum until our Deed of Settlement (DoS) is completed. We had discussed this in the Forum before the AIP was signed in January. The letter was to set our reasons for doing so. The letter was addressed and sent to the chairpersons. Because of the general confusion that ensued I have attached a copy of the letter to the end of this report for the large number of people who access this report not only through our mail outs and emails but also on our website.

It appears that most negotiators for the iwi where not advised of the letter until some considerable time after it was sent to their chairmen. None of the chairmen acknowledged receipt of the letter although follow-up investigations confirmed they had each received it. Finally Arthur Kapa representing Te Aupōuri Negotiations Company Ltd attended Ngāti Kahu’s hui-ā-iwi on 13 March to pursue the matter and was informed there of the contents of the letter. Although he urged Ngāti Kahu at length to return to the Forum, the hui made it clear that Ngāti Kahu are pursuing our own Deed of Settlement and that Forum matters are off Ngāti Kahu’s agenda until that is completed.

We did however indicate to Arthur that we do not support the Crown dictating how work on the Deeds of Settlement of the other four iwi is to be carried out and have no intentions of allowing them to do the same to us. We also expressed concern that Crown servants who are also iwi negotiators have indicated that they have been unable to distinguish the two roles and are unable to set aside their loyalties to their Crown employer where these conflict with the rights and interests of their iwi in the settlement process. This is a very serious issue for each of those iwi and will also be for the Forum when it reconvenes.

On 23 February the negotiations team met at Tātai Hono and set out a detailed plan of action for completing our Deed of Settlement. We scheduled a large number of hui for the next three months including a strategic planning hui to finalise the structure of the body that settlement assets will be vested in and to set goals for the next five years; several consultation hui around the North and South Islands and in Australia, hui-ā-iwi at home; and a series of working hui for the negotiations team including negotiations meetings with the Crown commencing around 23 April. The plan aims to have the Deed of Settlement finalized by early June.

3.Strategic Planning Hui, Waitangi, 6-7 March

About 30 marae delegates, company directors (present and potential) and our facilitators (Kevin McCaffery and Anahera Herbert-Graves) attended this very successful two day hui. We finalized the structure for the body to receive the returned assets, confirming that it would be a modified version of our current Rūnanga which will include a lands holding trust and that it will retain the name given by our inaugural chairman of Te Rūnanga-ā-Iwi o Ngāti Kahu. Delegates are to take that structure back to the marae for final approval.

The hui then went on to develop strategic priorities for the next three years and then the next fifteen years for the broad areas of social revitalization, cultural and economic development. A report on the outcomes of these discussions is being completed. They provided very clear goals and pathways for achieving a successful and prosperous future for upholding, maintaining and celebrating te mana motuhake me te tino rangatiratanga o Ngāti Kahu, as well as clear direction for how to shape our Deed of Settlement to fit these directions.

4.Hui-ā-iwi, Karepori marae, Taipā, 13 March

This was another very well attended and successful hui. There was good representation from Te Paatū, Parapara and Te Kauhanga marae who came to bring themselves up to speed with our settlement and, having understood where Ngāti Kahu is heading, to join the rest of Ngāti Kahu’s marae to push forward together towards this phase of the settlement of our claims. They asked a lot of questions which Lloyd and I as the negotiators present answered. One important question was whether those who had not participated to date had been excluded from the settlement. The answer is a very clear “no”.

The hui highlighted that the matter of recovering private lands remains a burning issue for many whānau. I reported that I have spoken to both the Minister of Treaty Negotiations and the Minister of Māori Affairs about this and indicated that until something more satisfactory can be put in place Ngāti Kahu will attempt to either have the lands gifted back or buy back them back after driving down the (currently hugely over-inflated) values. I also indicated to the hui that the current settlement cannot be full and final because it does not return all our lands. The Prime Minister was also advised of this at the National Iwi Chairs hui we hosted in February. I have received confirmation from both our MP, Hōne Harawira, and the Minister of Māori Affairs, Pita Sharples, that whether or not the fact that our settlement is not full and final is made clear in the Deed of Settlement, they will both ensure that this is recorded in the parliamentary debate when the settlement legislation comes before the House. The task of recovering the rest of our lands will then transfer to the next generation.

This hui resolved that a follow-up hui to discuss hakapapa and protection of our wāhi tapu would take place at Te Kauhanga marae. Since then the hui has been set down for Wednesday to Friday, 14-16 April (which is during the school holidays).

Each of our hui to date has contributed to our Deed of Settlement and yesterday we cobbled together the first draft of the complete document – allocating jobs to various members of the negotiations team to ensure their part of the Deed is completed. I’ve attached the rather long list that sets out the framework of the DoS and who is responsible for each part at the end of the report. The team would appreciate any comments, offers of help with relevant information and photographs for the different parts and especially, indication of anything we may have left out.

Arrangements for the Sydney and Brisbane consultations have been made. On 30 March we are at the Church of Te Wairua Tapu in Redfern, Sydney. On 31 March we are at the Comfort Inn Hotel conference venue in Campbelltown, Sydney. Our contact in Sydney is Ven. Malcolm Kāripa.

On 30 April there will be a hakatau in Brisbane. Two hui are being organized for 1 May by Bill Greaves and Yvonne Clark.

We do not yet have details for the Melbourne visit on 20-21 May. Please watch out for details of venue and times of these hui on our website www.ngatikahu.iwi.nz.

7.Hui-ā-iwi for hakapapa and wāhi tapu, Kauhanga marae 14-16 April

This hui will consider our Ngāti Kahu hakapapa and discuss how best to protect all our wāhi tapu, particularly those on private land. A mapping expert will attend this hui to help us map our wāhi tapu and we are hoping to do some detailed mapping of Maungataniwha. Wāhi tapu in other hapū’s rohe also need to be identified and mapped.

Hōne Harawira, our Taitokerau MP, has been conducting hui around the country on the legislation that will replace the Foreshore and Seabed Act. Several people attended his Kaitāia hui and some of us attended the two he held at the University of Auckland. His simple message of Māori / Tupuna Title, access for all and no sale has been well received although there has been some concern that other members of the Māori Party have not presented the message very clearly and that it has caused some confusion.

Chris Finlayson, the National Party Attorney-General responsible for the new legislation, is also intending to hold consultation hui and there is concern that cabinet may try to prevent him delivering the same message as Hōne. It is therefore important that people attend Chris’s hui to make sure that our mana whenua is encapsulated in law as ultimate ownership (tupuna title), that the foreshore and seabed cannot be sold and that access for all is protected.

One very sensible suggestion made at the Auckland hui called mainly for lawyers on 18 March was that the Act be repealed and replaced by a commission with a membership made up of half Māori, half Crown and chaired by Māori, and that it be charged with implementing these three principles nationally in a manner that addresses the mana whenua of each hapū around the coast.

As you know, Te Rūnanga-ā-Iwi o Ngāti Kahu is the mandated representative body of the hapū and marae of Ngāti Kahu. Our mandate includes negotiating the settlement of the Treaty of Waitangi claims of Ngāti Kahu’s whānau, hapū and marae against the Crown. In 2008 they mandated their Rūnanga to join the other four iwi of Te Hiku o Te Ika to form Te Hui Tōpū o Te Hiku o Te Ika (the Forum) to negotiate initially the return of our resources that we share with those four iwi. As you know this developed beyond the initial intentions and evolved into negotiations that encompassed the Commercial Interests of all iwi involved in the Forum. The representatives of all five iwi on the Forum agreed and our Terms of Reference state that the Forum is made up of the five groups listed which includes Te Rūnanga-ā-Iwi o Ngāti Kahu. I think it is also important to outline that those same terms of reference determine that all decisions of the Forum would be made by a consensus of all iwi with an interest in the matter under discussion.

On 27 January 2010 I advised the Negotiations Working Party of the Forum that following on from the signing of the Agreement in Principle on 16 January 2010, Ngāti Kahu would be focused on completing our own Deed of Settlement. Our timeframes for completing this work are very tight and our mandated negotiators and their support team have scheduled a very heavy workload in order to ensure this work is completed as expeditiously as possible. I indicated that once this was completed we would re-engage with the other iwi of Te Hiku Forum so that we can work on the Deed of Settlement for our shared interests. I also indicated that until such time as all five iwi came together again, we should be working as five iwi on our respective Deeds of Settlement and not as Te Hiku Forum.

Since that time Ngāti Kahu has received notification that the other four iwi representatives have met with the Crown and then had a subsequent meeting, with both purported to be meetings of Te Hiku Forum. It has been of concern to Ngāti Kahu that although those meetings acknowledged that Ngāti Kahu would not be attending meetings of Te Hiku Forum until our Deed of Settlement was completed, they nevertheless appear to have sought to deal with matters affecting Ngāti Kahu.

Ngāti Kahu’s negotiations team and then Ngāti Kahu’s hapū and marae have considered this situation over the past several weeks. Yesterday they formally resolved that Ngāti Kahu’s mandated negotiators are to formally withdraw from Te Hui Tōpū o Te Hiku o Te Ika until further notice. We expect to have completed our Deed of Settlement by early June and will rejoin Te Hiku Forum at that stage to complete the Deed of Settlement for our shared interests.

Noho ora mai

Nā

Professor Margaret Mutu

Chairperson and Chief Negotiator for Ngāti Kahu

cc:

The Crown, Hon. Chris Finlayson, Minister in Charge of Treaty of Waitangi Negotiations

Crown Forestry Rental Trust

Draft Framework for the Ngāti Kahu Deed of Settlement as at 19 March 2010

The overall aim is to produce a document that is owned by Ngāti Kahu. It must therefore be accessible, readable and attractive to whānau and hapū. The language will be primarily Māori with translations into English provided on facing pages and it will be compiled into a book. Reremoana Renata has put her hand up to help with the translations. Others will also be needed as the job is a big one.

The framework will be that defined by our inaugural chairperson, McCully Matiu, for his book on Te Whānau Moana, that is, it will be set it out as a whaikōrero with some variation.

1.Start out with karakia: Our various experts in this field, Canon Lloyd Popata, Bishop Kito Pikaahu, Rev. Timoti Flavell and others will draw this up.

5.Te Haerenga mai o ngā tūpuna: As set out in McCully’s book (Margaret has the published account).

6.Ngā hapū o Ngāti Kahu: Identify and describe each of our hapū: The pepeha for each hapū along with photographs of our various rohe – our maunga, our awa, our marae and photos of our kuia and kaumātua, particularly those who pursued our claims over the past generations. The research team of John Popata Jnr, Janelle Popata and Wikatana Popata have most of this ready and where there are gaps (Werowero, Parapara (Ngāti Tara), Takahue (Tahāwai) and Aputerewa (Ngāi Tauurutakaware)) Te Ikanui Kingi-Waiaua is to follow these up to include them.

8.Te haerenga mai o te Pākehā: Brief outline of arrival of tauiwi and identification and definition of the Crown as the means of controlling lawless Pākehā.Both He Hakaputanga and Te Tiriti o Waitangi quoted in full and translated here. (Margaret has the published work for this.)

9.Then the historical account compiled by Bernadette Arapere in 2004. This needs updating (Bernadette) and translating into te reo (Reremoana). A clear statement will be provided here that Ngāti Kahu mana whenua remains intact throughout Ngāti Kahu’s rohe and that English type title does not exist over most lands because title investigation was never carried out. A map illustrating the extent of that is to be included. A list of the claims we’ve been notified of will be listed here along with a note that none are being fully and finally settled here. In here we also put photos of the prosperity of Pākehā who now live on our lands contrasted against our situation – and put Vicky Thomas’s photos of the housing situation in here.

10.An acknowledgement from the Crown that it breached Te Tiriti repeatedly and caused the deprivation, dispossession and marginalisation described by the Tribunal, an apology from the Crown and a legally binding promise to never violate Te Tiriti in respect of Ngāti Kahu ever again.

11.Then a summary of our Yellow book – what a full and final settlement of Ngāti Kahu’s claims looks like – with the complete book as an appendix – and a brief account of negotiations to date towards reaching a settlement with photos of our kuia and kaumatua who pursued these claims over the past 170 years (Margaret has Yellow book electronic file, photos from whānau needed).

12.A summary of the United Nations Declaration of the Rights of Indigenous Peoples with the full Declaration in an Appendix (the Human Rights Commission has this and a translation). A short piece on its relevance to our settlement will be included here (Margaret).

13. Then a statement that the following is a partial settlement based on the current situation and what this government has budgeted to settle claims and that full and final settlement will be left to succeeding generations of Ngāti Kahu and future governments to achieve. (Margaret)

14. A statement on the role of Te Rūnanga-ā-Iwi o Ngāti Kahu as the recipient of resources transferred as part of the settlement, including its structure and charitable (non-tax paying) status. (Te Kani and Bernadette)

15. A list of lands held by the Crown but now recognised as being ours (as per our AIP) declaring them inalienable in perpetuity. In here will go all the legal stuff pertaining to each piece and whether or not we will permit Crown agents to remain and if so, under what conditions. The monetary value assigned to each piece for purposes of transfer will also be given here (Te Kani and Bernadette). Photos need to accompany the maps of each of these pieces (Popata research).

16. A description of the Statutory Board which will manage remaining public conservation lands (as listed in our AIP) on behalf of the relevant hapū and specifics on its role and responsibilities (Margaret). In here a list of all the legal stuff relevant to each of these pieces of land (Te Kani and Bernadette). Photos need to accompany the maps of each of these pieces (Popata research).

17. A description of the Statutory Board for Maungataniwha and specifics on its role and responsibilities (Lloyd and Te Paatū). In here is all the legal stuff (leases etc.) pertaining to Maungataniwha (Te Kani and Bernadette). Photos of Maungataniwha are needed in here (Lloyd).

18. A description of the body that will provide protection for all Ngāti Kahu wāhi tapu on private land. Photographs of wāhi tapu from whānau.

19. A list of all the place name corrections throughout our rohe (Popata research/whānau and marae to advise).

20. A statement that the Crown will transfer $7.5m in cash to Te Rūnanga-ā-Iwi o Ngāti Kahu immediately as an initial contribution to the work needed to restore and revitalise Ngāti Kahu’s marae and papa kāinga housing (Anahera).

21. Any other matters that need covering.

22. A statement that Ngāti Kahu supports this Deed of Settlement and will formally endorse it in accordance with Ngāti Kahu tikanga once the Crown has agreed to it and formally endorsed it (Te Kani).

23. A draft partial settlement bill taken off this Deed of Settlement (Te Kani and Bernadette).

24. Names of mandated signatories for the Crown and then Ngāti Kahu (Te Kani and Bernadette).